Chapter 31.26 MOTIONS
All motions in a case pending before the Tribal Court shall be made upon 30 days’ notice to the opposing party or in open court during the course of proceedings. Prior to filing and serving the motion, the moving party should contact the Clerk by telephone or email to obtain a hearing date and time, and confer with opposing counsel or other parties to ensure that all parties are available for the hearing. The date and time of the hearing shall be typed in the upper right corner on the first page of the motion and any supporting declaration(s) filed with the motion. Unless specified otherwise in these Rules or by Tribal law, any non-moving party may respond to a motion filed with the Tribal Court, provided that the response is filed within 20 days after the motion was filed and served on all parties in the case, unless otherwise required by the Tribal Court, these Rules, or Tribal law. The moving party may file a reply only upon receiving permission from the Tribal Court to do so. On motions made in open court, the Tribal Court may allow the opposing party such time as the Court feels necessary to respond to the motion. The Tribal Court may also shorten or extend the time for responding to any motion if justice so requires.
(1) Motion for Judgment on the Pleadings. After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Tribal Court, the motion shall be treated as one for summary judgment and disposed of as a “judgment” under these Rules and all parties shall be given reasonable opportunity to present all material made pertinent to a motion for summary judgment.
(2) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the Tribal Court is not obeyed within 10 Court days after notice of the order, or 20 days if the responding party is the Tribe, or within such other time as the Tribal Court may fix, the Tribal Court may strike the pleading to which the motion was directed or make such order as it deems just.
(3) Motion to Strike. Upon motion made by a party before responding to a pleading or if no responsive pleading is permitted by these Rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the Tribal Court’s own initiative at any time, the Tribal Court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(4) Motion to Compel. If the person from whom discovery is sought fails to respond, the discovering party may move for an order requiring compliance with the discovery request. An evasive or incomplete response shall be considered a failure to respond. The non-moving party shall have five Court days to respond to the motion. The discovering party may file a reply only upon receiving permission from the Tribal Court to do so.
(5) Motion for Summary Judgment. At any time at least 30 days after commencement of an action, any party may move for summary judgment as to any or all of the issues presented in the case, and such relief shall be granted by the Tribal Court if it appears that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Such motions, which shall be served not less than 30 days prior to the hearing on said motion, may be supported by affidavits, discovery, or memoranda, all of which must be made available to opposing parties and filed with the Clerk. The non-moving party, or cross-moving party shall have 20 days to respond to the motion for summary judgment. The moving party shall have five Court days to file a reply. No surreply shall be filed without authorization of the Tribal Court.
(6) Hearings on Motions. The Tribal Court has discretion to grant or deny motions with or without a hearing. If the Tribal Court orders a hearing, the Clerk shall set the date and time for hearings on motions which date shall be stated above the caption for the name of the motion. The Tribal Court has discretion to conduct the hearing in-person or by telephone. [Res. 24-44, 2024.]